Terms and Conditions
THE FOLLOWING TERMS AND CONDITIONS GOVERN THE SALE OF ALL PRODUCTS AND SERVICES
BY TECHIES DIRECT TO ITS CUSTOMERS. SUCH TERMS AND CONDITIONS SUPERSEDE THE TERMS
AND CONDITIONS ON ANY AND ALL PRIOR AGREEMENT(S).
ACCEPTANCE
Customer acceptance of these terms and conditions shall be indicated by the following,
whichever first occurs:
(a) Customer’s written acknowledgement thereof;
(b) Customer’s acceptance of any shipment of any part of items ordered or services requested (hereafter “The Goods”);
(c) Customer’s failure to acknowledge these terms and conditions in writing within
30 business days from the invoice date; or,
(d) Any other act or expression of acceptance the Customer or agent thereof.
Customer’s acceptance is expressly limited to the terms and conditions hereof in
their entirety without addition, modification or exception and any term, condition,
or proposal hereafter submitted by the Customer (whether oral or in writing) which
is inconsistent with or in addition to the terms and conditions set forth hereon
is objected to and is hereby rejected by Techies Direct. Techies Direct silence
or failure to respond to any such subsequent term, condition or proposal shall not
be deemed to be Techies Direct acceptance or approval thereof.
TITLE
Techies Direct hereby agrees to sell to the customer “The Goods” and the customer
(hereafter “Customer”) hereby agrees to purchase from Techies Direct at the total
invoice price indicated and on all schedules which may hereinafter be executed by
the parties.
Title to the “The Goods” is and shall remain vested in Techies Direct unless and
until the invoice sales price, applicable taxes, delivery and setup charges and
all other amounts are paid in full (hereafter “Total Cost”). In the event that Customer
pay Techies Direct by cheque, promissory note or other negotiable bill of exchange,
title shall pass only when the said cheque, promissory note or other negotiable
bill of exchange has been presented for payment and honoured. The Customer shall
defend Techies Direct title against any contrary claim.
The Customer agrees that Techies Direct will have the right to file Financing Statements
or other documentation pursuant to applicable law to secure evidence or perfect
Techies Direct title in “The Goods”. The Customer also agrees that Techies Direct
will have the right to invoice the Customer and the Customer will pay all fees,
taxes and assessments associated with the filing of the financing documentation.
DELIVERY & RETURNS
If requested by the Customer, Techies Direct shall deliver at the Customer’s expense
all goods to the place specified by the Customer, but the Customer shall bear the
risk of any loss, deterioration or damage from the time “The Goods” leave Techies
Direct premises.
Returns of “The Goods” are to be made directly with the merchant from which such
items have been purchased. Techies Direct does not resale items from its own sources.
Techies Direct may at its option purchase items on behalf of its Customers with
the expectancy of additional charges for the required service at the option given
by such Customer. Any and all addition costs or fees are to be paid by the Customer
as required.
INSTALLATION AND OPERATING PROCEDURE
In all instances where personal attendance is required at the Customer’s premises
to perform the Service, the Customer shall be fully responsible for all travel costs,
communication costs, living expenses and other out of pocket expenses incurred by
Techies Direct, and all of these amounts shall be payable to Techies Direct forthwith
when invoiced.
Prior to shipment, Customer where required will prepare at Customer's expense its
premises for installation of “The Goods” and will provide all facilities, including
space, electrical power, cable troughs, special cables and connector requirements,
communications modems, dial up business telephone line fittings and the like in
accordance with Techies Direct site specifications and installation instructions.
Additional charges may be incurred by Customer if these requirements are not met.
The initial installation of “The Goods” will be performed by Techies Direct in accordance
with Techies Direct policies and procedures then in effect. For other units, installation
is extra and available at Customer's request
All supplies for use with the products will be provided by Cus¬tomer and will meet
the specifications set forth for such product. Upon request, Techies Direct will
sell to Customer at then current prices those sup¬plies which it has available.
If requested by Customer, Techies Direct will provide maintenance services in accordance
with Techies Direct then current prices and policies.
RISKS OF LOSS
Until title passes to Customer, Customer agrees to:
(a) Maintain the “The Goods” in good operating condition;
(b) Not sell, assign or otherwise transfer possession of “The Goods” and keep “The
Goods” free from all encumbrances;
(c) Not use or permit the use of “The Goods” in any manner likely to be injurious
to “The Goods”;
(d) Not remove or permit removal of “The Goods” from its original location;
(e) Not make or permit any alteration to “The Goods” without Techies Direct prior
written consent; and
(f) Maintain adequate insurance to protect Techies Direct interest against loss
or damage from all risks, up to the full insurable value of “The Goods”. The Customer
shall furnish evidence of such insurance coverage on request.
(g) Allow inspection by Techies Direct or agent thereof at anytime and wherever
located.
DEFAULT
Default by the Customer hereunder shall have occurred if:
(a) The Customer fails to fulfil any term or condition hereof;
(b) The Customer shall dissolve, cease to do business become insolvent, commit an
act of bankruptcy or be subject to winding up, compromise, arrangement, bankruptcy
or receivership proceedings.
(c) There is damage to “The Goods” while in the possession of the Customer if title
is still retained by Techies Direct; and/or
(d) Non-payment of any moneys owing hereunder.
Upon default by the Customer, each of the following remedies shall accrue immediately
to Techies Direct, in addition to any other remedies available to it at law. The
omission to enforce shall not be a waiver.
(a) Techies Direct may take possession of any or all items of “The Goods”, without
demand or notice and without any Court Order or other process of law. Customer hereby
waives any and all damages occasioned by such taking of possession. Any such taking
of possession shall not constitute a termination of this Agreement as to any or
all items of “The Goods” unless Techies Direct expressly notifies the Customer in
writing;
(b) Techies Direct may terminate this Agreement as to any or all items of “The Goods”.
(c) Techies Direct may retain all moneys paid to it;
(d) Techies Direct may repair at the Customer’s expense, “The Goods” as necessary
for resale.
Upon default by the Customer, the Total Cost shall, at Techies Direct option, become
immediately due and owing. Any amounts hereunder by acceleration or otherwise which
are not paid when due shall bear interest at 2% per month (24% percent per annual)
until paid. Cheques returned as “NSF” (Non-Sufficient Funds) are subject to $20
charge.
WARRANTY
Techies Direct agrees to extend to the Customer the benefits of any warranty Techies
Direct receives from the manufacturer. Techies Direct assumes no responsibility
for the performance by the manufacturer of its obligation under any warranty the
benefit of which is so extended.
GENERAL
A failure to enforce any provision of this Agreement or a waiver by Techies Direct
of any breach or term hereof shall not operate or be construed as a waiver of any
continuing or subsequent breach or of any of the terms of this Agreement by Techies
Direct.
Techies Direct entire liability in contract, tort or otherwise arising out of this
Agreement, shall not exceed the moneys paid by the Customer under this Agreement.
If any provision of this Agreement shall be found to be, or be deemed illegal or
invalid, the remainder of the Agreement shall not be affected thereby.
The validity and interpretations of this contract shall be governed by the laws
of Ontario.
Click here to contact us directly
|